26 (1) The Lieutenant Governor in Council may make regulations, (a)  regulating or prohibiting activities that may adversely affect the ecological health of the Lake Simcoe watershed; (b)  requiring persons to do things to protect or restore the ecological health of the Lake Simcoe watershed; (c)  providing for the appointment of officers to enforce any regulation made under this section; (d)  providing for the appointment of persons to act as officers with all of the powers and duties of officers to enforce any regulation made under this section; (e)  authorizing an officer appointed under clause (c) or (d) to issue orders to any person who contravenes a regulation made under clause (a) or (b), governing the issuance of those orders and their contents, and providing for and governing appeals of those orders.  2008, c. 23, s. 26 (1). Application, cl. (1) (a) (2) For greater certainty, a regulation under clause (1) (a) may regulate or prohibit an activity even if some or all permits, approvals and other instruments necessary to engage in the activity were obtained before the regulation came into force.  2008, c. 23, s. 26 (2). Application of cls. (1) (a) and (b) (3) A regulation under clause (1) (a) may apply only to activities that are carried out in, and a regulation under clause (1) (b) may apply only in respect of things to be done in, the Lake Simcoe watershed in areas specified in the Lake Simcoe Protection Plan that are, (a)  areas of land or water adjacent or close to the shoreline of Lake Simcoe or any other lake in the Lake Simcoe watershed; (b)  areas of land or water within, adjacent or close to a permanent or intermittent tributary of Lake Simcoe; or (c)  areas of land or water within, adjacent or close to wetlands.  2008, c. 23, s. 26 (3). References to maps (4) A regulation made under subsection (1) may refer to any area affected by the regulation by reference to one or more maps that are filed with a public body specified in the regulation and are available for public review during normal office business hours.  2008, c. 23, s. 26 (4). Permits (5) A regulation under clause (1) (a) that prohibits an activity may provide that the prohibition does not apply if the activity is engaged in in accordance with a permit issued by a person or body specified by the regulations, and the regulations under that clause may, (a)  govern the issuance, renewal, suspension and revocation of permits, including requiring payment of fees set by the person or body; (b)  govern the contents of permits; (c)  provide for and govern appeals from decisions to refuse to issue, refuse to renew, suspend or revoke permits; (d)  for the purpose of the Conservation Authorities Act, deem a permit under this section to be permission required under section 28 of that Act.  2008, c. 23, s. 26 (5). Inspections (6) Subject to subsections (7) and (8), an officer appointed under clause (1) (c) or (d) may, for the purpose of enforcing a regulation made under subsection (1), enter property, without the consent of the owner or occupier and without a warrant, if, (a)  the officer has reasonable grounds to believe that an activity is being engaged in on the property that is regulated or prohibited by a regulation made under clause (1) (a); (b)  the officer has reasonable grounds to believe that a person is required by a regulation made under clause (1) (b) to do a thing on the property; or (c)  the officer has reasonable grounds to believe that there are documents or data on the property that relate to an activity that is regulated or prohibited by a regulation made under clause (1) (a) or to a thing that a person is required to do by a regulation made under clause (1) (b).  2008, c. 23, s. 26 (6). Training (7) An officer shall not enter property unless the officer has received training prescribed by the regulations.  2008, c. 23, s. 26 (7). Dwellings (8) An officer shall not enter a room actually used as a dwelling without the consent of the occupier except under the authority of a warrant under subsection (17).  2008, c. 23, s. 26 (8). Other persons (9) An officer who is authorized to enter property under subsection (6) may be accompanied by any person possessing expert or special knowledge that is related to the purpose of the entry.  2008, c. 23, s. 26 (9). Time (10) Subject to subsection (11), the power to enter property under subsection (6) may be exercised at any reasonable time.  2008, c. 23, s. 26 (10). Notice (11) The power to enter property under subsection (6) shall not be exercised unless reasonable notice of the entry has been given to the occupier of the property.  2008, c. 23, s. 26 (11). Exception (12) Subsection (11) does not apply if the officer has reasonable grounds to believe that a contravention of a regulation made under subsection (1) is causing or is likely to cause environmental damage and that entry without reasonable notice to the occupier is required to prevent or reduce the damage.  2008, c. 23, s. 26 (12). No use of force (13) Subsection (6) does not authorize the use of force.  2008, c. 23, s. 26 (13). Powers (14) A person who enters property under subsection (6) or (9) may, for the purpose for which the entry is made under subsection (6), (a)  make necessary excavations; (b)  require that any thing be operated, used or set in motion under conditions specified by the person; (c)  take samples for analysis; (d)  conduct tests or take measurements; (e)  examine, record or copy any document or data, in any form, by any method; (f)  require the production of any document or data, in any form, related to the purpose of the entry; (g)  remove from a place documents or data, in any form, produced under clause (f) for the purpose of making copies; (h)  retain samples and copies obtained under this subsection for any period and for any purpose related to the enforcement of a regulation made under subsection (1); and (i)  require any person to provide reasonable assistance and to answer reasonable inquiries, orally or in writing.  2008, c. 23, s. 26 (14). Limitation re removal of documents, data (15) A person who enters property under subsection (6) or (9) shall not remove documents or data under clause (14) (g) without giving a receipt for them and shall promptly return the documents or data to the person who produced them.  2008, c. 23, s. 26 (15). Identification (16) On request, a person who enters property under subsection (6) or (9) shall identify himself or herself and shall explain the purpose of the entry.  2008, c. 23, s. 26 (16). Warrant for entry (17) A justice may issue a warrant authorizing an officer appointed under clause (1) (c) or (d) to do anything set out in subsection (6) or (14) if the justice is satisfied, on evidence under oath or affirmation by an officer appointed under clause (1) (c) or (d), that there are reasonable grounds to believe that it is appropriate for the enforcement of a regulation made under subsection (1) for an officer appointed under clause (1) (c) or (d) to do anything set out in subsection (6) or (14) and that an officer appointed under clause (1) (c) or (d) may not be able to effectively carry out his or her duties without a warrant under this subsection because, (a)  no occupier is present to grant access to a place that is locked or otherwise inaccessible; (b)  a person has prevented an officer appointed under clause (1) (c) or (d) from doing anything set out in subsection (6) or (14); (c)  there are reasonable grounds to believe that a person may prevent an officer appointed under clause (1) (c) or (d) from doing anything set out in subsection (6) or (14); (d)  it is impractical, because of the remoteness of the property to be entered or because of any other reason, for an officer appointed under clause (1) (c) or (d) to obtain a warrant under this subsection without delay if access is denied; or (e)  there are reasonable grounds to believe that an attempt by an officer appointed under clause (1) (c) or (d) to do anything set out in subsection (6) or (14) without the warrant might not achieve its purpose.  2008, c. 23, s. 26 (17). Application without notice (18) A warrant under subsection (17) may be issued or renewed on application without notice.  2008, c. 23, s. 26 (18). Application for dwelling (19) An application for a warrant under subsection (17) to enter a dwelling shall specifically indicate that the application relates to a dwelling.  2008, c. 23, s. 26 (19). Application of subss. (9), (15) and (16) (20) Subsections (9), (15) and (16) apply to an entry under a warrant under subsection (17).  2008, c. 23, s. 26 (20). Expiry (21) Unless renewed, a warrant under subsection (17) expires on the earlier of the day specified for the purpose in the warrant and the day that is 30 days after the date on which the warrant is issued.  2008, c. 23, s. 26 (21); 2009, c. 33, Sched. 15, s. 6. Renewal (22) A warrant under subsection (17) may be renewed in the circumstances in which a warrant may be issued under that subsection, before or after expiry, for one or more periods each of which is not more than 30 days.  2008, c. 23, s. 26 (22). When to be executed (23) A warrant under subsection (17) shall be carried out between 6 a.m. and 9 p.m., unless the warrant otherwise authorizes.  2008, c. 23, s. 26 (23). Use of force (24) A person authorized by a warrant under subsection (17) to do anything set out in subsection (6) or (14) may call on police officers as necessary and may use force as necessary to do the thing.  2008, c. 23, s. 26 (24). Restoration (25) If property is entered under this section, the officer shall, in so far as is practicable, restore the property to the condition it was in before the entry.  2008, c. 23, s. 26 (25). Offence: contravening regulation or order (26) Every person who contravenes a regulation made under subsection (1) or an order issued in accordance with a regulation made under subsection (1) is guilty of an offence.  2008, c. 23, s. 26 (26). Offence: obstruction (27) Any person who prevents or obstructs a person from entering property or doing any other thing authorized under this section is guilty of an offence.  2008, c. 23, s. 26 (27). Penalty, individual (28) An individual who is guilty of an offence under this section is liable, on conviction, (a)  in the case of a first conviction, to a fine of not more than $25,000 for each day or part of a day on which the offence occurs or continues; and (b)  in the case of a subsequent conviction, to a fine of not more than $50,000 for each day or part of a day on which the offence occurs or continues.  2008, c. 23, s. 26 (28). Same, corporation (29) A corporation that is guilty of an offence under this section is liable, on conviction, (a)  in the case of a first conviction, to a fine of not more than $50,000 for each day or part of a day on which the offence occurs or continues; and (b)  in the case of a subsequent conviction, to a fine of not more than $100,000 for each day or part of a day on which the offence occurs or continues.  2008, c. 23, s. 26 (29). Directors, officers, employees and agents (30) If a corporation commits an offence under this section, a director, officer, employee or agent of the corporation who directed, authorized, assented to, acquiesced in or failed to take all reasonable care to prevent the commission of the offence, or who participated in the commission of the offence, is also guilty of the offence, whether the corporation has been prosecuted for the offence or not.  2008, c. 23, s. 26 (30). Penalty re monetary benefit (31) The court that convicts a person of an offence under this section, in addition to any other penalty imposed by the court, may increase a fine imposed on the person by an amount equal to the amount of the monetary benefit acquired by or that accrued to the person as a result of the commission of the offence, despite the maximum fine provided in subsection (28) or (29).  2008, c. 23, s. 26 (31). Additional orders (32) The court that convicts a person under this section may, on its own initiative or on the motion of counsel for the prosecutor, make one or more of the following orders: 1.  An order requiring the person, within the period or periods specified in the order, to take specified action to prevent, decrease or eliminate any adverse effect or potential adverse effect on the ecological health of the Lake Simcoe watershed. 2.  An order requiring the person, within the period or periods specified in the order, to comply with an order issued in accordance with a regulation made under subsection (1). 3.  An order imposing requirements that the court considers appropriate to prevent similar unlawful conduct or to contribute to the person’s rehabilitation. 4.  An order prohibiting the continuation or repetition of the offence by the person.  2008, c. 23, s. 26 (32). Other remedies and penalties preserved (33) Subsection (32) is in addition to any other remedy or penalty provided by law.  2008, c. 23, s. 26 (33). Non-compliance with order (34) If a person does not comply with an order made under paragraph 1 or 2 of subsection (32), a public body prescribed by the regulations may take any action required by the order.  2008, c. 23, s. 26 (34). Liability for certain costs (35) The person convicted is liable for the cost of taking action under subsection (34) and the amount is recoverable by the public body by action in a court of competent jurisdiction.  2008, c. 23, s. 26 (35). Limitation period (36) A proceeding for an offence under this section shall not be commenced more than two years after the later of the following days: 1.  The day on which the offence was committed. 2.  The day on which evidence of the offence first came to the attention of an officer appointed under clause (1) (c) or (d).  2008, c. 23, s. 26 (36). Immunity from liability (37) No action or other proceeding shall be instituted against an officer appointed under clause (1) (c) or (d) or any other individual prescribed by the regulations for any act done in good faith in the execution or intended execution of any power or duty to which this section applies or for any alleged neglect or default in the execution in good faith of that power or duty.  2008, c. 23, s. 26 (37). Vicarious liability (38) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (37) does not relieve the employer or principal of the person referred to in subsection (37) of liability in respect of a tort committed by the person to which his or her employer or principal would otherwise be subject, and the employer or principal is liable for any such tort as if subsection (37) were not enacted.  2008, c. 23, s. 26 (38); 2019, c. 7, Sched. 17, s. 96. Conflict with regulations or instruments under other Acts (39) If there is a conflict between a provision of a regulation made under this section and a provision of a regulation, by-law or instrument made, issued or otherwise created under another Act with respect to a matter that affects or has the potential to affect the ecological health of the Lake Simcoe watershed, the provision that provides the greatest protection to the ecological health of the Lake Simcoe watershed prevails.  2008, c. 23, s. 26 (39). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 15, s. 6 - 15/12/2009 2019, c. 7, Sched. 17, s. 96 - 01/07/2019